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NY 889052




August 11, 1993

CLA-2-51:S:N:N6:351 889052

CATEGORY: CLASSIFICATION

TARIFF NO.: 5109.10.6000, 5511.20.0000

Mr. James C. Alberdi
A. J. Arango Inc.
501 E. Jackson St., suite 301
Tampa, FL 33601

RE: The tariff classification of wool and acrylic yarns from Brazil

Dear Mr. Alberdi:

In your letter dated July 14, 1993 you requested a classification ruling, on behalf of your client Hylda Barros Cicero, for certain woven fabrics and yarns. The woven fabrics were addressed in our letter to you dated July 29, 1993, under our file number NY 888333. In that letter we indicated that there was insufficient information to classify the yarns. Since that time, however, we received samples and certain additional information which now enable us to provide a classification ruling for the yarns.

You have submitted three small samples of yarns which you indicate will be imported in "bundles" and sold at retail to individuals for making rugs. The yarns are not identified as to style number or product code, but only as "100% Wool Combed," "100% Wool Carded" and "50% Combed Wool 50% Polyester." The "100% Wool Combed" is a four-ply twisted yarn and the others are three-ply twisted yarns. In a conversation with National Import Specialist Jeff Konzet on August 9, 1993, you indicated that the yarns would be imported in retail-type 100 gram skeins.

The applicable subheading for the "100% Wool Combed" and the "100% Wool Carded" yarns will be 5109.10.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for yarn of wool..., put up for retail sale; containing 85 percent or more by weight of wool; other; other. The duty rate will be 9 percent ad valorem.

The applicable subheading for the "50% Combed Wool 50% Polyester" yarn will be 5511.20.0000, HTS, which provides for yarn (other than sewing thread) of man-made staple fibers, put up for retail sale; of synthetic staple fibers, containing less than 85 percent by weight of such fibers. The duty rate will be 13 percent ad valorem. (Please note that, for this item, even a small change in the weight breakdown for the imported merchandise may affect the classification).

The "100% Wool Combed" and "100% Wool Carded" yarns fall within textile category designation 400. The "50% Combed Wool 50% Polyester" yarn falls within textile category designation 200. Based upon international textile trade agreements products of Brazil are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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